Felony Conviction Divorce Lawyer Virginia Beach, VA
When a spouse is convicted of a felony and incarcerated for over a year, the other spouse may pursue a divorce on that ground under Virginia law. This is a fault-based ground that can end the marriage without the waiting period required in no‑fault separations. In Virginia Beach, the Circuit Court at 2425 Nimmo Parkway handles divorce and equitable distribution, while the Juvenile and Domestic Relations Court addresses custody and support matters that often arise in these cases. Law Offices Of SRIS, P.C. represents clients seeking a felony‑conviction divorce in Virginia Beach, Sandbridge, Oceana, and surrounding communities. Mr. Sris and his Of Counsel team bring decades of combined experience in Virginia family law, including divorce tied to incarceration, property division when one spouse is imprisoned, and child‑custody arrangements with an incarcerated parent. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felony Conviction Divorce Means in Virginia Beach
Virginia law recognizes conviction of a felony and sentencing to confinement for more than one year as a fault ground for divorce from the bond of matrimony (Va. Code § 20‑91). Unlike no‑fault separation, this ground does not require a six‑month or one‑year waiting period. A spouse who files on this ground must present evidence of the conviction and the sentence. The divorce proceeding itself is heard in the Circuit Court, which has exclusive original jurisdiction over divorce in Virginia. In Virginia Beach, the Circuit Court located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, VA 23456, handles these matters. The court also addresses equitable distribution of marital property under Va. Code § 20‑107.3 and any spousal support issues. Custody and child‑support matters may be heard in the same Circuit Court action if joined, or separately in the Virginia Beach Juvenile and Domestic Relations District Court.
Obtaining a divorce based on felony conviction presents unique practical challenges. The incarcerated spouse may be unable to attend hearings in person, requiring arrangements for participation by telephone or video where the court permits. Service of process on an imprisoned spouse must comply with standard Virginia rules while accounting for the correctional facility’s mail procedures. Issues such as dividing retirement accounts, a family business, or real estate are often complicated when one party is incarcerated and may have limited access to financial records. Mr. Sris and his Of Counsel team have experience managing these procedural and substantive complexities in Virginia Beach matters. The firm’s Richmond location serves clients throughout the Virginia Beach area, with consultations available by appointment at (888) 437‑7747.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
Mr. Sris and his Of Counsel approach a felony‑conviction divorce by first evaluating the statutory ground, confirming that the client meets Virginia’s six‑month residency requirement, and verifying the conviction and sentence length. They then prepare a Complaint for divorce, citing the fault ground and requesting equitable distribution, spousal support if appropriate, and, when children are involved, custody and support determinations. Because the ground is fault‑based, the court may consider the circumstances of the conviction when dividing marital property, potentially affecting the equitable distribution factors under § 20‑107.3. The firm works to present the client’s contributions to the marriage and the family’s needs clearly, while also addressing the complications that arise from the other spouse’s incarceration.
Throughout the process, the firm coordinates with the correctional facility to facilitate the incarcerated spouse’s participation. They handle service of process, communication with the facility’s legal liaison, and any motions needed for telephonic or remote participation. When the incarcerated spouse cannot appear or fails to respond, the firm moves for a default or an uncontested hearing after ensuring all procedural requirements are satisfied. The timeline for a felony‑conviction divorce varies by case complexity, the court’s calendar, and the responsiveness of the incarcerated spouse. The firm works to move the case forward efficiently while protecting the client’s interests. For specific guidance about your situation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in criminal prosecution provides him with insight into the criminal‑justice side of a felony‑conviction divorce, including how to obtain conviction records, verify sentences, and understand the practical realities of incarceration. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). That legislation revised Virginia’s equitable distribution statute, Va. Code § 20‑107.3, a provision directly relevant to felony‑conviction divorces involving property division.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Every Of Counsel attorney is engaged through Excella and focuses on their respective areas of practice. The team’s collective experience includes family law litigation, handling cases where a spouse is incarcerated, and navigating the procedural requirements of Virginia Beach Circuit Court and Juvenile and Domestic Relations Court. The firm accepts a limited number of complex family matters to ensure deep involvement in each case.
Frequently Asked Questions
Can I get a divorce in Virginia Beach if my spouse is in prison for a felony?
Yes, Virginia law allows divorce based on your spouse’s conviction of a felony and sentencing to confinement for more than one year. This is a fault ground under Va. Code § 20‑91. You do not need to wait through a separation period, but you must prove the conviction and the sentence. The divorce is filed in the Virginia Beach Circuit Court. Additional issues such as custody, visitation, child support, and property division can be addressed in the same case. Because the incarcerated spouse may not appear in person, the court may permit remote participation or proceed by default if proper service is completed. An experienced attorney can guide you through the procedural requirements.
How does a felony conviction affect property division in a Virginia Beach divorce?
The court may consider the facts and circumstances that led to the incarceration when dividing marital property under Virginia’s equitable distribution statute. While Virginia is not a community‑property state, the court examines factors including the circumstances contributing to the dissolution of the marriage, each spouse’s contributions to the family, and the duration of the marriage (Va. Code § 20‑107.3). A felony conviction and imprisonment can influence how the court views those factors. For instance, if the incarceration caused financial harm to the family, that may be relevant. The court retains broad discretion to reach a fair division. Our firm works to present evidence that supports an equitable outcome for the non‑incarcerated spouse.
Do I need a lawyer for a felony conviction divorce in Virginia Beach?
You are not legally required to hire a lawyer, but a felony‑conviction divorce involves procedural complexities that benefit from experienced guidance. Proving the conviction and sentence, serving an incarcerated spouse, and coordinating with the correctional facility all require careful attention. Additionally, if the divorce involves children, property, or spousal support, the legal issues multiply. Mr. Sris and his Of Counsel team handle the entire process, from filing the Complaint to final decree, and work to protect your interests. To discuss whether representation makes sense for your situation, call (888) 437‑7747.
How is child custody handled when one parent is incarcerated in Virginia Beach?
The court determines custody based on the best interests of the child, considering factors in Va. Code § 20‑124.3, and an incarcerated parent’s ability to provide care is a significant consideration. The non‑incarcerated spouse typically seeks primary physical custody, and the court may restrict the incarcerated parent’s visitation depending on the nature of the offense and the length of the sentence. The Virginia Beach Juvenile and Domestic Relations District Court handles standalone custody matters. If custody is part of a divorce action, the Circuit Court addresses it. Mr. Sris and his Of Counsel can help you present evidence about the child’s needs and the impact of the incarceration on the parenting plan.
What should I bring to a consultation about a felony conviction divorce?
Bring your marriage certificate, any documents related to your spouse’s conviction and sentence, financial records, and information about your children. The conviction record (often a sentencing order) is essential to establish the ground. Financial documents—tax returns, bank statements, property deeds, and retirement account statements—help the attorney assess property division and support issues. If you have children, bring any existing custody orders or child‑support orders. During the consultation, you will discuss the timeline, the strategy for service of process, and the likely approach to property and custody matters. To schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Additional family law resources: Fairfax County Family Law — Prince William County Family Law — Manassas Family Law — Fairfax City Family Law
Virginia primary sources: Va. Code § 20‑91 (grounds for divorce) — Va. Code § 20‑107.3 (equitable distribution) — Virginia Beach Circuit Court
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Case results depend on a variety of factors unique to each case.